If I asked my husband to leave, is he allowed to just come back into the house whenever he wants?

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If I asked my husband to leave, is he allowed to just come back into the house whenever he wants?

I’ve been married for 2 years. I have been the primary financial stakeholder. In my name only, I bought a house earlier this year. I asked husband to leave due to physical abuse concerns; no law enforcement was involved. I’m leaning on filing for divorce. We have no children and no other assets together.

Asked on August 9, 2018 under Family Law, Pennsylvania

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

As a general rule, unless there is a formal separation agreement in effect or a final decree of divorce has been issued, the house that a married couple occupied is still considered to be the "joint marital residence". This means that both spouses have the right to live there, no matter whose name is on the deed. That having beens said, if your spouse has put you in fear for your personal saftety, then you can file for an order of protection. If granted, then your husband must vacate the premises and not return. At thispoint, you should consut directly with a local divorce attorney who can best advise you further.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

As a general rule, unless there is a formal separation agreement in effect or a final decree of divorce has been issued, the house that a married couple occupied is still considered to be the "joint marital residence". This means that both spouses have the right to live there, no matter whose name is on the deed. That having beens said, if your spouse has put you in fear for your personal saftety, then you can file for an order of protection. If granted, then your husband must vacate the premises and not return. At thispoint, you should consut directly with a local divorce attorney who can best advise you further.


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